[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22589]
[[Page Unknown]]
[Federal Register: September 13, 1994]
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CENTRAL INTELLIGENCE AGENCY
Privacy Act of 1974: Amendment of CIA System of Records (CIA-72)
and Elimination of CIA System of Records (CIA-15)
AGENCY: Central Intelligence Agency.
ACTION: Notice of amended and eliminated system of records subject to
the Privacy Act.
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SUMMARY: The Central Intelligence Agency is providing notice of the
amendment of a system of records and the elimination of a system of
records in its current inventory of records systems subject to the
Privacy Act of 1974, as amended (5 U.S.C. 552a).
EFFECTIVE DATE: This action is effective October 13, 1994, unless
comments are received which would result in a contrary determination.
FOR FURTHER INFORMATION CONTACT: John H. Wright, Information and
Privacy Coordinator, Central Intelligence Agency, Washington, D.C.
20505, telephone: (703) 351-2083.
SUPPLEMENTARY INFORMATION: The record system, identified as CIA-72, is
to be entitled: Inspector General Investigative Records. CIA-72 has
been updated and expanded to include appropriate portions of a system
of records entitled ``Employee Grievance Files'' (CIA-15), which is
hereby being eliminated as a CIA record system, pursuant to the
provisions of the Privacy Act of 1974 (5 U.S.C. 552a). Accordingly,
CIA-15 (as initially published in the Federal Register on 28 August
1975 and subsequently in the Federal Register Privacy Act Issuances
Compilations, Volume IV, the latest of which was published in 1991, and
in an upcoming 1993 compilation) is to be deleted from the listing of
CIA Privacy Act systems of records. Because changes and additions have
been made throughout amended CIA-72, as published in the Federal
Register on 17 April 1992, it is being published herewith in its
entirety.
Dated: September 8, 1994.
Frank J. Ruocco,
Deputy Director for Administration.
Structure of This Revision
This revision affects primarily the ``ROUTINE USES OF RECORDS
MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE
PURPOSES OF SUCH USES:'' section of CIA-72. Minor changes are made in
other sections. The structural outline of this system with notations as
to which parts are changed is presented below:
[Changed] Inspector General Investigative Records.
[Unchanged]
[Changed] This section now includes ``and persons who have filed
grievances with the Office of Inspector General or Agency components.''
This revision incorporates records previously included in CIA-15,
Employee Grievance Files.
[Changed] This section includes ``prior criminal or non-criminal
records of individuals covered by the system, and other materials
relating to employee grievances and matters of interest to or being
investigated by the Office of Inspector General.''
[Changed] Additional authorities have been added to this section.
[Changed] Paragraphs a, b, h, and i include information from the
current version of CIA-72 as well as information previously included in
CIA-15. Paragraphs c, d, e, f, g, j, k, and the last sentence of
paragraph i add new material concerning additional uses of records
maintained and purposes of such uses.
CIA-72
Inspector General Investigative Records.
Central Intelligence Agency, Washington, D.C. 20505.
Agency employees, persons with a contractual or other relationship
with the Agency, persons who are interviewed by or provide information
to the Office of Inspector General, persons involved with or
knowledgeable about a matter being investigated by the Office of
Inspector General, and persons who have filed grievances with the
Office of Inspector General or Agency components.
Reports of interviews, signed statements, correspondence, reports
of investigations, forms, cables, internal CIA memoranda, prior
criminal or non-criminal records of individuals covered by the system,
and other materials relating to employee grievances and matters of
interest to or being investigated by the Office of Inspector General.
Central Intelligence Agency Act of 1949, as amended--Pub. L. 81-
110, 50 U.S.C. 403 et seq.
Section 506(a), Federal Records Act of 1950 (44 U.S.C. 3101)
National Security Act of 1947, as amended--Pub. L. 80-253
Executive Order 12333
Executive Order 12356
Intelligence Authorization Act of 1994
a. Records in the system are used and disclosed by members of the
Office of Inspector General in the investigation of matters of interest
or concern to the Director of Central Intelligence, Inspector General,
and senior Agency officials, including grievances and allegations of
misconduct by Agency employees, and to provide information to Agency
management regarding personnel matters, and for evaluating current and
proposed programs, policies and activities, selected assignments, and
requests for awards or promotions.
b. Records in the system that indicate a violation or potential
violation of law, whether civil, criminal, or regulatory in nature, and
whether arising by general statute or particular program, or by rule,
regulation or order pursuant thereto, or that indicate a violation or
potential violation of a contractual obligation, may be disclosed to
the appropriate agency, whether Federal, state, local, foreign, or
international, charged with the responsibility for investigating or
prosecuting such violation, enforcing or implementing such statute,
rule, regulation, or order, or with enforcing such contract.
c. Records in the system may be disclosed to a Federal, state,
local, foreign, or international agency, or to an individual or
organization, when necessary to elicit information relevant to an
Office of Inspector General investigation, inquiry, decision, or
recommendation.
d. Records in the system may be disclosed to a Federal, state,
local, foreign, or international agency when requested in connection
with the assignment, hiring, or retention of an individual, the
issuance or revocation of a security clearance, letting of a contract,
or any authorized inquiry or investigation to the extent that the
information is relevant to the requesting agency's decision on the
matter.
e. Records in the system may be disclosed to any Federal agency
when documents, witness statements, or other information obtained from
that agency are used in compiling the system record, or when the record
is relevant to the official responsibilities of that agency.
f. Unclassified records in the system, or unclassified portions
thereof, including information identifying individuals covered by the
system, may be disclosed to the public when the matter under
investigation has become public knowledge or the Inspector General
determines that such disclosure is necessary to preserve confidence in
the integrity of the Inspector General process, or is necessary to
demonstrate the accountability of CIA employees, officers, or
individuals covered by the system, unless it is determined that release
of the specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
g. Records in the system pertaining to an employee grievance may be
disclosed to any party to that grievance and the facilitator except for
records that disclose the identity of a non-party who provided a
statement during the grievance process.
h. Records in the system may be disclosed in the course of
presenting evidence to a court, magistrate, or administrative tribunal,
including disclosures in the course of settlement negotiations, or
pursuant to statutes or regulations governing the conduct of such
proceedings.
i. Records in the system may be disclosed to representatives of the
Department of Justice or of any other agency that is responsible for
representing Agency interests in connection with a judicial,
administrative, or other proceedings. Records may also be disclosed to
the Department of Justice to the extent necessary to obtain its advice
on any matter relevant to an Office of Inspector General investigation.
j. Records in the system may be disclosed to the Senate Select
Committee on Intelligence and the House Permanent Select Committee on
Intelligence, or other congressional committees, or the staffs thereof,
in connection with their oversight and legislative functions.
k. Records in the system may be disclosed to the President's
Foreign Intelligence Advisory Board, and the Intelligence Oversight
Board, and any successor organizations, when requested by those
entities, or when the Inspector General determines that disclosure will
assist in the performance of their oversight functions.
Computer disk, microfilm, magnetic disk, and paper.
By name.
Files are stored in vaulted areas or approved metal filing
cabinets. Access to information on magnetic disk is on a limited need-
to-know basis and controlled by password identifiers.
Records are retained and destroyed in accordance with the records
control schedules approved by the Archivist of the United States.
Inspector General, Central Intelligence Agency, Washington, D.C.
20505.
Individuals seeking to learn if this system of records contains
information about them should direct their inquiries to: Information
and Privacy Coordinator, Central Intelligence Agency, Washington, D.C.
20505.
Identification requirements are specified in the Central
Intelligence Agency rules published in the Code of Federal Regulations
(32 CFR 1901.13). Individuals seeking information from this system of
records must comply with these rules.
Requests from individuals should be addressed to the Agency's
Information and Privacy Coordinator as indicated in the notification
section above.
The Central Intelligence Agency's regulations for access to
individual records, for disputing the contents thereof, and for
appealing an initial determination by the Central Intelligence Agency
concerning access to or correction of the records, are promulgated in
the Central Intelligence Agency rules section of the Code of Federal
Regulations (32 CFR 1901).
Agency employees and contractors, Federal, state, and local
officials, private citizens, and foreign nationals.
[FR Doc. 94-22589 Filed 9-12-94; 8:45 am]
BILLING CODE 6310-02-M
